SURENDER SINGH @ NIKKA Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Heard learned counsel for petitioner, learned Public Prosecutor as well as learned counsel for complainant and perused material made available to me during arguments of case. This is second application for bail filed by petitioner because his first bail application was rejected by this court vide order dated 28.07.2010 by observing that at that stage the court was not inclined to enlarge petitioner on bail. It was however observed that he would be at liberty to again apply for bail before court below itself after statements of Ram Singh, Kehar Singh and Gurucharan Singh are recorded. This second bail application has been filed on premise that out of those, two witnesses, namely, Ram Singh and Kehar Singh, have been abandoned by prosecution and statement of Gurucharan Singh has been recorded, who has not supported prosecution version.

(2.) In that order, Director General of Police, Rajasthan, Jaipur, was required to take necessary action against those who are found responsible for collaborating in the act of hushing up a cognizable offence and allowing cremation of deceased Mst. Veeru Kaur, who died due to poisoning and not a natural death even without postmortem. He was required to submit his action-taken-report within three months. The report is on record. Subsequently, explanation was sought for as to why those two witnesses were abandoned.

(3.) Shri Rajendra Yadav, learned Public Prosecutor, has produced for perusal communication dated 25.11.2010 received by him from Deputy Inspector General of Police, CID (CB), Rajasthan, Jaipur, that Station House Officer Shri Rajendra Chauhan has been served with charge-sheet under Rule 16 of the CCA Rules and Deputy Superintendent of Police Shri Jai Singh Bareth, RPS, has been served with charge-sheet under Rule 17 of the CCA Rules, because it was under their supervision that dead body of Mst. Veeru Kaur, was allowed to be cremated without postmortem-report.